Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2026 Supreme(Del) 269

IN THE HIGH COURT OF DELHI AT NEW DELHI
NEENA BANSAL KRISHNA, J.
State of NCT of Delhi – Appellant
Versus
Bhagat S/o Shri Narender Dev – Respondent
Crl. Appeal No. 1595 of 2025
Decided On : 29-01-2026

Advocates Appeared:
For the Appellants : Utkarsh, Mohan Lal
For the Respondents: Vishesh Wadhwa, Jatin Sharma, Hemant Singh, Aditya Singh

The prosecution must establish its case beyond reasonable doubt; any gaps or inconsistencies in evidence are grounds for acquittal.

Headnote:(A) Criminal Procedure Code, 1973 - Section 378(1) - Indian Penal Code, 1860 - Sections 328, 392, 397, 411, 34 - Arms Act, 1959 - Acquittal of accused for kidnapping and robbery - Court found that the prosecution failed to prove the case beyond reasonable doubt, highlighting inconsistencies in the evidence and lack of incriminating evidence. (Paras 25, 64)

(B) Benefit of doubt - Concept explained - An accused is entitled to be acquitted when the prosecution fails to establish its case beyond a reasonable doubt. (Para 64)

Facts of the case:
The complainant was kidnapped by three armed men who forced him to drink a stupefying substance. There were issues regarding the identification of the accused and the recovery of stolen property, which the court found insufficient to prove their involvement. (Paras 1-24)

Findings of Court:
The court upheld the acquittal stating the prosecution failed to link the accused to the crime and highlighted significant gaps and inconsistencies in the evidence presented. Evidence presented did not corroborate the complainant’s account convincingly. (Paras 25, 64)

Issues: The key issues include whether the prosecution provided sufficient evidence to prove the charges against the accused beyond reasonable doubt and the reliability of the complainant's identification of the accused. (Paras 25, 60)

Ratio Decidendi: The court emphasized that mere suspicion is not enough for conviction and the prosecution must establish a case beyond reasonable doubt. Gaps in the testimonies and evidence led to the conclusion that the accused were entitled to the benefit of doubt. (Paras 64)

Result: Appeal dismissed. (Para 65)

Table of Content
1. factual context of the kidnapping incident. (Para 2 , 3 , 4 , 5 , 6 , 7 , 8 , 9 , 10 , 11 , 12)
2. critique of identification and evidence. (Para 23 , 24 , 34 , 35 , 36 , 37 , 38 , 39 , 40 , 41 , 42 , 43 , 44 , 45 , 46 , 47 , 48 , 49 , 50)
3. arguments pertaining to prosecution's failure. (Para 26 , 27 , 28 , 29 , 30 , 31)
4. analysis of recoveries made and their implications. (Para 51 , 52 , 54 , 55 , 56 , 57 , 58)
5. judgment encapsulating the decision on reasonable doubt. (Para 63)
6. conclusion of the appeal and order for dismissal. (Para 64 , 65)

JUDGMENT :

NEENA BANSAL KRISHNA, J.

1. Criminal Appeal under Section 378 (1) of the Code of Criminal Procedure, 193 (hereinafter referred to as “Cr.P.C.”) has been filed against the Judgment dated 09.11.2020, whereby the learned Additional Sessions Judge has acquitted theRespondents, namely, Bhagat, Ashwani Kumar @ Kaka, Rambir under Sections 328 /392/397/411/34 Indian Penal Code, 1860 (hereinafter referred to as “ IPC ”) and 25/27/54/59 of the Arms Act, 1959 in FIR No. 0251/2013, P.S. Alipur.

2. The brief facts are that the Complainant/Injured, Shatrughan Prasad, used to drive his own Champion vehicle bearing registration number DL 1LJ 5485 and load copper from Damodar Park, Shahdara and unload it at the Factory at 2057, I-Block, Narela, Delhi.

3. On 28.05.2013, he left his house and got the copper loaded from Damodar Park, in his Champion vehicle and was heading towards Narela. As he reached near Nanagali Puna, Lower GT Karnal Road, a “golden” car which was coming from behind, started blowing the horn, on which he gave a signal to the vehicle to pass. The said golden car after crossing the Champion vehicle of the Complainant, suddenly stopped in front of his vehicle and three boys came out while the driver remained sitting in the golden car.

4. All the three persons were armed with pistols in their hands and they pulled him out of his Champion. The Accused Rambir caught hold of his collar, while the Accused Bhagat Singh caught hold of his left hand with his one hand and put the pistol on the left side of his chest. The third Accused, Ashwini caught hold of his right hand and put the pistol on the right side of his head. They all pushed him in the golden car and made him lie down in the car and they sat on him. The Accused persons forcibly made him drink maaza. After 5 to 7 minutes, he became unconscious and regained his consciousness in the hospital at Pooth Kalan.

5. According to the Prosecution, on 28.05.2013 at about 08:21 AM, a PCR call was received about kidnapping of an auto wala by vehicle No. DL 2 CAD 6039 and DD No. 10A was recorded. It was informed by the caller that he had seen 3-4 persons come in the said car. Inspector Sudeep Punia along with Constable Bhagwan Lal reached near nala, Buddhpur Village, but he found neither the caller nor the eyewitness present.

6. During investigations, it was found that the kidnapped person was admitted in Maharishi Valmiki Hospital, Pooth Khurd. Inspector Sudeep Punia along with Constable Bhagwan Lal, went to the Hospital wherein the Doctor mentioned in the MLC about consumption of some unknown substance. The injured was declared unfit for statement and the Doctor informed that the injured had consumed some stupefying substance. There was no external injury on the body of the injured. The MLC was collected by the I.O. In view of the MLC, offence under Section 365 /328 IPC was registered.

7. During the investigation, the statement of the injured was recorded. The stolen Champion vehicle of the Complainant was recovered on 26.06.2013. TheAccused Rambir was arrested in FIR No. 0184/2013 under Section 332/353/307 IPC and 25/54/59 Arms Act, in which he made a disclosure statement about his involvement in the present case.

8. On 29.06.2013, the I.O. collected the documents and DD No. 11A P.S. Narela regarding the arrest of co-accused, Ashwini @ Kaka and Bhagat. On 28.07.2013, the I.O. formally arrested the Accused persons, namely, Ra